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HomeMy WebLinkAbout11-15-1965 I I 1 i MFhtORANJ`U1v1 RE: CfTY OF' DFNTON, TEXAS , l/II DATE OF CONFF:RF:i•;CE: November 15, :965 LOCATION: City Ball, Denton, Texas 11ERSr1NS IN ATTENDANCE: Mr. Jack 1j. Barton, City Attorney, a was present at the conference the whole time. PART I i CHARTER I It was pointed out that the Charter would be placed in Part I as it was originally printed. ?ART II I CODE OF ORDINANCES i Cater, General Pro,-:•ions: This chapter was goae over and explained and after a discussion it wan agreed taal the general provision for penalty would be used throughout thi Code. The rest of the chapter was accepted as erifted. Chapter, Administration: This chapter was accepted as edited. Cna tar Afc orts and Aircreft: On the advice of tie city attorney Article 2. 02 relatfnR to alrpo*t manage- ment was omitted. Su:section (c) of Article 2, 02 of the 1959 Code relating to landings and take-o!fs was omitted on the advice of the city attorney, The words "airport manager" were changed to "airport operator' on the advice of tht, city attorney, Article 2.11 relating to flying hours was omitted on the advice of the city attorney since the city is seeking a commercial airline. i i The :est of t},.: chapter was accepted as edited. I c ha ter, Animals and Fowl: In Arti. le 3.07 of the 195v Code the city altorncy suggested adding the words 'er g3nie" after dorrestic fowl. Also, in this section, the word e "p!geort" ,,as included in order to take care of Subsection (c) of this article, in Article ' 04 relating to the breeding of animals the word "lfvestocl" was aided in order to excluda small animals. ; On advice of the clt~,• attorney, Article 3. 05, relating to stock regulations, of the 1959 Code was rcta}ned. In Article 3. Ob of the 1959 Code the word ''bird" was changed to "fowl." Article 3.01 of the 1959 Code was supplanted by Ordinance No. 65-39. The rest of this chapter was accepted as edited. i Chapter. Buildings: It was decided to adopt the 1965 Edition of the: Southern Standard Building Code. The previous amendments of the old ordinance were retained as they are still applicable to this editlon. Wherever tl,r words "board of adJustn er."' appeared in this chapter they ~ E were changed to "building code board" k n thr advice of the city attorney. Section 4-48 of tho 1959 Code was kept on the advice of the city attornev. It was explained to the city atturne; that we could not use the history note of the old ordinance adopting a former Southern Standard Building Code l since. we are now adopting the 1965 ^ditlon and he concurred. l At thr request of the city attorney Article 4.4b relating to the disposal of waste materials during construction wab retained in the chapter. The rest of this chapter wao accepted as :dated. { Chapter, Cemeteries: The words "city secretary" were changed to "park and recreation director throughout this chapter on the advice of the city attorney. The rest of the chapter was accepted as edited. Subsection (e) of Article 5.04 of the 1959 Code waa omitted on advice of the city attorney. Z 4. ,11 A ~ Chapter, Civil Defence: i After a dis •ussion with the city attorney he decided to use the chapter on civil defense from the City I Hurst, Texaq, lie stated th,.t he would take 1 the matter up with the city council and advice if tl-is F.ocedur~ would he all right. Scnbst.quen+. to the conference the city r.:esed a civil defense ordinance and it. has been incorporated Li the Lroposed new Code. t Chapter_Cor, oration Court: Subsection (b) of Article 7. 02 of the 1959 Code relating to regular sessions of the court required was omitted on the advice of the city attorney, Article 7. 0? of the 1959 Code was omitted on advice ° the city attorney in view of Article 45. 07 of the Texas Code of Criminal t'rocedure. This article relates to court costb. Cha tter, Elections: This chapter, which was derived from material of Article 1. 04 of the 1959 Code was omitted in its entirety on the advice of the city attorney, in that it is covered by the Charter and state law. j { Chaaptter,Electrical Code: This chapter was accepted as edited. i s C_.-ter, Fire Prevention: On the advice of the city attorney the 1965 Fire PrcveT.tion k.ode was adopted, Article B. OB relating to itre limits of the 1959 Code was omitted since it was superseded by Ordinance N;. 64-42. In Ordlnance No. 61-05 wherever the term "governing body" appeared in ,i this ordinance, it was changed to "city manager" on the advice of 'he city attorney. The rest of this chapter was accepted as edited. f Chapter, Food and Food Establishrzents_ Part 5 of the 1959 Code relating to milt: regulations was omitted as this is now covered by stag, law. This was concurred in by the city attorney. In lieu of this section of the 1959 Code the city attorney authorized the Inclttsion j of a section which required all milk and milk products to comply ,m lth Article 165-3, milk grading and pasteurization and Article 165-3A, the Texas Equal Standard Milk Sanitation Act of 1961. The rest of this chapter was accepted as edited. i - 3 - I, rr y %i:a ter, Gar` , e, T SFh and We 1: I .+ub5ection (a-3) o: Ar icle 9.19 of the 1959 Code was deleted as being superfluous in wl.ich the city atturney concurred. 'this ,•a, alao true of Subae:ti-n (b-2) of the same article. iV The rest of this chapter was accepted as edited. I 1 Chapter, IT(-,ith and Sanitation: Ordinance N6. 63-23 dated December 10, 1963, was removed from ibis chapter and placed in the chapter on offenses with appropriate cross references on advice of the city attorney. I • The rest of this chapter was accepted as edited. J Chapter, Offenses and Miscellaneous Provisions: Article 11. 2Z of the 1959 Code relating to bringing paupers into the city I was omitted on the idvice of the city attorney. The rest of this chapter was accepted as edited. i i Chapter, Parks and Rec:-eatiun: This chapter was accepted as edited. Chapter, Peet Control: F The material in this chapter was derived from the peat control ordinance I now in use by the City of Hurst, Texas, The city authoritsed the inclusion of this material. Minor changes, if any, should be made when the galleys are received it the city. i Chapter, Police: This .hapter was accepted as edited. Chapter, Plumbing and C.ss: This chapter was accepted as edited. Chapter, Public Amusements: This chapter was accepted as edited. Cha E•t er, Sale e: k This chapter was accepted as edited. ,i -4- I g Chapter, Streets and Sidewalks: Subsection (d) of Article 14. 06 relating to the injuring of public property generally was omitted as it is covered elsewi.ero in the Code. The rest of this chapter was accepted as edited. 1 Chapter, Taxation: t Subsection (b) of Article 15.01 of the 1959 Code relating to the procedure j for the collection of taxes was omitted as it is covered in the Charter and i state law. The city attorney co: curred. Subsection (c) of Article 15. 0o of the 1559 Code relating to exemptions from tax of coin-operated machines was updated to conform to present state law. Subsection (d), (e), (f) and (g) of this article were retained on the advice of the city attorney. The rest of this chapter was accepted as edited, Chapter, Tourist Courts and Trailer Parks: This chapter was accepted as edited. I Chapter, Traffic: The material of this chapter is entirely new and is standard for Texas cities and follows the state law. It was accepted by the city attorney with certain i recommendations and Inclusions of certain ordinances he wished retained + which will be set forth under thic chapter, i Section 1 of Ordinance No. 64-10, dated January 28, 1964, relating to collision with unattended vehicles, was changed to add the words "to wilfully or negligently drive" on the advice of the city attorney. l I In Section I of Ordinance No. 65-4, dated January 12, 1965, the words "negligently or wilfully drive" were added on the advice cf the city attorney. I We did not add a section for negligent collision as discussed at the conference as we felt that your Ordinance No. 64-10 and 65-4 covered negligent collision. In the section relating to overnight parking wording was added by the city attornoy to the effect that it not exceed twenty continuous hours, Ordinance No. 65-36, dated September 28, 1965, was used In this chapter on advice of the city attorney. Rather than put the parking meter zones in the Code it was decided to put a section in stating that such ?ores shall consist of streets and portions thereof as designated from time to time by the city council. This was done so that the Code would not have to be amended each time a zone was changed. -5- II I I f. R t A section was added to this article on parking i_ aterr, setting forth the method of collection and disposition of meter funds, The old city Code did not contain one. The rest of the chapter was accepted as erilted. Chapter, Utilities: This chapter should be carefully checked to see if there are any conflicts. Attention is invited in this connection especially to Ordinance No. 65-42, dated October 26, 1965, providing for separate meters. This should be gone over carefully when the galleys are received In the city. On advice of the city attorney Article 17.20 of the 1959 Code relating to franchise regulations was included. The rest of this chapter was accepted as edited. Chapter, Vehicles For Hire: On the advice of the city attorney the word "jitney" was deleted from the article of the 1959 Code, being Article 10. 06. The rate zones for taxicabs was left out in order that the Code does not have to be amended each time a zone rate is changed. The rate schedule based on zones was left in the Code on the advice of the city attorney. The rest of the chapter was accepted as edited. Appendix A, Subdivisicne: The city subdivision regulations, originally codified as Chapter 13, Part 1 of the 1959 Code, will not be codified in this Code but is set out in this appendix in its original form. Subsequent amendments have been placed in their proper places anda,e indicated by a history note following them and an editor's footnote explaining the effect of th, a-:)endatory ordinance. This chapter of the 1959 Code and all amending ordinances will be saved from repeal in the Adopting Ordinance. i Appendix 1d, Zoning Ordinance: The city zoning ordinance, being Ordinance No. 61-19, edopted July 25, 3961, amended and supplemented Articles 13. 10 through 11, 29 'nclusive of the 1959 f Code. This ordinance is included in this appendix as A was originally passed. ~ Ordinance No. 64-32, dated June 9, 1964, was not used rt the advice of the city attorney. Respectfully submitted, Edwin T. Wyckoff Editor I t Now